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Public Tenders, Concessions and Permits
Requests for Opinions
As per articles 12, section XIX, 98 and 99 of the Federal Economic Competition Law (FECL), as well as per 111 regulatory provisions, COFECE is empowered to issue opinions on the inclusion of protective and promotion measures for competition and free market access in the divestiture of public entities and assets, as well as to regard to tender procedures, allotments, concessions, permits, licenses or analogous actions undertaken by Public Authorities as per sectoral legislation or the Federal Executive through agreements or decrees.
Information Economic Agents Should Present for the Request of Opinions
Article 112 of the Regulatory Provisions of the Federal Economic Competition Law sets forth the minimum data elements that an economic agent should present when requesting an opinion in terms of article 98 of the FECL, and that are required for the Commission’s analysis of the case, i.e.:*
- Applicant and the groups of Economic Agent’s -participating in the tender or contest- uncertified copies of deeds, and when applicable, the most recent reforms to the articles of association.
- A description of the involved Economic Agents’ capital structure, as well as that of the Economic Agents that comprise a group participating in the tender or contest, identifying whether they are Mexican or foreign, as well as each partner or stockholder’s direct or indirect holdings and legal entities that have and will have control thereof.
- Information that enables the Commission to determine relevant market, related markets and substantial market power, in terms of the Law and Regulatory Provisions.
- The description of the individuals or economic agent’s activities as well as the concessions and permits they hold, which are related to the application’s activity.
- Description of the share of social capital participation of the individuals and Economic Agents in other companies as well as their objective, their activities and the concessions or permits granted by the federal government of which they are holders, that are related to the activity mentioned in the application.
- The information referenced in the guidance published by the Commission on the website which will be made available to at the Commission’s filing office.